Unlawful Search and Seizure
April 18, 2013 By MacDowell & Associates, P.C.
Call the Attorney at (703) 591-1336 
Free Consultation
Call the Attorney at (703) 591-1336 Free Consultation
In any situation, and for any alleged crime, police and other government officials have guidelines and limitations on their power to gather evidence against a suspect.
The 4th Amendment to the U.S. Constitution enforces limits on the ability of police to make arrests, search people and their property and seize objects like illegal drugs and weapons, however ever-changing and intertwined state and federal search and seizure laws can make it difficult for people to understand their rights.
Fourth Amendment restrictions protect freedom of privacy by preventing “unreasonable” searches and seizures by state or federal law enforcement authorities. For a search and seizure to be considered “reasonable,” police must have probable cause to believe that they can find evidence that you committed a crime therefore a judge issues a warrant, or the particular circumstances justify the search without a warrant first being issued.
Police may search you as a person, or conduct a “pat down” of the exterior of your clothing, if they have reasonable suspicion that you have committed or are about to commit a crime. Police may not search the interior of your pockets unless you have consented to the search, they have arrested you, or determined, based on the pat down, that you are likely carrying illegal drugs or a weapon.
When it comes to the police's power to search a vehicle, authorities simply need to establish probable cause, which is enough evidence to lead a reasonable person to believe that it is more likely than not that you have committed or about to commit a crime. Such evidence can be a driver's excessive swerving or the odor of marijuana emitting from a vehicle. If authorities have been tipped off that a certain make and model of a vehicle contains stolen goods, then that would be sufficient reason for a search as well. In most of these scenarios no warrant is required and consent is unnecessary. Unlike vehicle searches, residential and home searches almost always require a search warrant that is issued by a magistrate and established based on probable cause, though certain exceptions apply.
If a court reviews a case and finds that search and seizure were unreasonable, any evidence seized as a result of the search will be found to be inadmissible in state and federal court. This law was established by the U.S. Supreme Court in 1961 and is known as the “exclusionary rule.” The rule contends that the omission of illegally seized evidence deters police from conducting unlawful searches because police won't conduct searches if they know that resulting evidence will be excluded and unable to help convict a defendant. In addition to the omission of the unlawfully gathered evidence, any evidence resulting from the illegal search may not be used to discover any other evidence.
ABOUT THE AUTHOR: Richard MacDowell
Fairfax criminal defense law firm, MacDowell & Associates, P.C., mounts an aggressive defense on behalf of their clients by thoroughly evaluating each case.
Copyright MacDowell & Associates, P.C. - Google+
More information about MacDowell & Associates, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Fourth Amendment restrictions protect freedom of privacy by preventing “unreasonable” searches and seizures by state or federal law enforcement authorities. For a search and seizure to be considered “reasonable,” police must have probable cause to believe that they can find evidence that you committed a crime therefore a judge issues a warrant, or the particular circumstances justify the search without a warrant first being issued.
Police may search you as a person, or conduct a “pat down” of the exterior of your clothing, if they have reasonable suspicion that you have committed or are about to commit a crime. Police may not search the interior of your pockets unless you have consented to the search, they have arrested you, or determined, based on the pat down, that you are likely carrying illegal drugs or a weapon.
When it comes to the police's power to search a vehicle, authorities simply need to establish probable cause, which is enough evidence to lead a reasonable person to believe that it is more likely than not that you have committed or about to commit a crime. Such evidence can be a driver's excessive swerving or the odor of marijuana emitting from a vehicle. If authorities have been tipped off that a certain make and model of a vehicle contains stolen goods, then that would be sufficient reason for a search as well. In most of these scenarios no warrant is required and consent is unnecessary. Unlike vehicle searches, residential and home searches almost always require a search warrant that is issued by a magistrate and established based on probable cause, though certain exceptions apply.
If a court reviews a case and finds that search and seizure were unreasonable, any evidence seized as a result of the search will be found to be inadmissible in state and federal court. This law was established by the U.S. Supreme Court in 1961 and is known as the “exclusionary rule.” The rule contends that the omission of illegally seized evidence deters police from conducting unlawful searches because police won't conduct searches if they know that resulting evidence will be excluded and unable to help convict a defendant. In addition to the omission of the unlawfully gathered evidence, any evidence resulting from the illegal search may not be used to discover any other evidence.
ABOUT THE AUTHOR: Richard MacDowell
Fairfax criminal defense law firm, MacDowell & Associates, P.C., mounts an aggressive defense on behalf of their clients by thoroughly evaluating each case.
Copyright MacDowell & Associates, P.C. - Google+
More information about MacDowell & Associates, P.C.
View all articles published by MacDowell & Associates, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
